In the face of a dazzling array of toys on the market, how do consumers distinguish whether they meet the quality standards when they purchase? After purchasing fake and inferior products, how to protect their rights and interests?
"Three no" toy sellers have liability
Case playback
Xiaoxin spent five cents in the school commissary to buy a small toy. During the play, the toy suddenly burst and caused injury. After investigation, the first wholesaler of the toy is a toy business, the second wholesaler is a toy distribution department, and the last seller is a small sales department. Therefore, Xiaoxin sued the three to the court for compensation.
The court held that the toy involved in the case was a “three no†product, and the producer should bear the main liability for damage caused by the damage; the above three defendants sold the “three no†products without reviewing the relevant documents, and also bear the corresponding Liability. In this case, the sales volume of the three defendants is different. Therefore, the amount of the “three no†products sold is measured by the amount of the number of products, and then their respective responsibilities are divided. As the toy wholesaler is the first wholesaler, it is obligated to provide the producer of the product. Therefore, the liability of the producer in this case shall be borne by the toy firm, but it has the right to recover the producer. In summary, the toy business, toy distribution department and commissary department bear 85%, 10% and 5% of the compensation for the damage caused by Xiaoxin.
Judge's statement
If the product is damaged due to defects in the product, the infringed person may request compensation from the producer of the product, or may request compensation from the seller of the product. If the product defect is caused by the producer, the seller shall have the right to recover the compensation from the producer after the compensation; if the product is defective due to the seller's fault, the producer shall have the right to recover the compensation from the seller.
Because the "three no" products have no producer information, the law stipulates that the seller is obliged to specify the producer of the defective product or the supplier of the defective product, otherwise the seller shall be liable for compensation. Therefore, for the "three no" products, whether consumers or sellers, they should be vigilant, enhance their ability to recognize and discriminate, and protect their legitimate rights and interests in accordance with the law.
Sale of toys without certificate of conformity is fraud
Case playback
Ms. Guo bought a beach series of children's toys in the supermarket. The product certificate is marked as “Executive Standard GB6675-2003†and the production date is January 2016. Ms. Guo believes that because the "National Standard of the People's Republic of China GB6675-2014" was implemented on January 1, 2016, the standard partially replaced GB6675-2003 "National Toy Safety Technical Specifications" from the date of implementation, and the supermarket deliberately concealed the lawsuit. The actual situation of product execution abolition standards and non-implementation of national mandatory standards constitutes fraud, requiring supermarkets to refund the purchase price and punitive damages.
The court held that, according to the Product Quality Law, “the seller should establish and implement the inspection and acceptance system for incoming goods, and verify the product certification and other marks.†In this case, the supermarket should be familiar with the relevant laws and regulations on product quality and industry implementation standards. There is an obligation to review and inspect the goods at the time of purchase, and the sale of the goods still constitutes fraud. In the final judgment, the supermarket refunded Ms. Guo’s payment of 41 yuan and paid compensation of 500 yuan.
Judge's statement
At present, China's national standards in the field of toys mainly implement the GB6675-2014 series, and the GB6675-2003 national standard has been partially replaced. The seller must earnestly perform the duties of reviewing and inspecting the goods when purchasing the goods, and the toys that are not marked according to the regulations and the national standards are not sold. Consumers should be vigilant when purchasing, and find toys that do not meet the product quality. They can appeal to the product quality supervision department, the industrial and commercial administrative department and relevant departments, or they can file a lawsuit in the court to require the producer or seller to bear the corresponding civil liability. .
Toys marked false identification three times compensation
Case playback
Mr. Zhang purchased a remote-controlled toy car in a shopping mall with the “CE†mark printed on the remote control. Mr. Zhang believes that marking this mark means that the products involved have higher security, but this is not the case. Therefore, Mr. Zhang believes that the mall constitutes fraud and appeals to the court for compensation. The mall argues that “CE†is a safety mark, not a quality mark, but a voluntary mark exported to the EU. The person responsible for the mark declares and promises that the product meets the relevant requirements of the EU and does not require certification.
The court held that the manufacturer's labeling of the "CE" mark on the product required verification of the special requirements of the product, testing and inspection of compliance, but the store did not submit evidence to prove that the toy car involved in the case meets the safety, health and environmental requirements of the European Union. The "CE" mark is marked after the necessary steps. This misled Mr. Zhang's purchase behavior, the mall was eventually awarded a refund of 341 yuan in payment, and paid compensation of 1023 yuan.
Judge's statement
The "Product Quality Law of the People's Republic of China" stipulates that the quality of the product shall conform to the product standard indicated on the product or its packaging, and the identification on the product or its packaging must be true. Consumers generally use the various logos on the product to understand the product's information and decide whether to purchase it. Therefore, marking false marks on products and misleading behaviors to consumers constitutes fraud. The judge reminded that producers must mark the product identification in accordance with the provisions of the law, and should not excessively exaggerate or falsely publicize; sellers must strictly perform the review and attention obligations to ensure that the product quality is consistent with the markings.
When parents choose toys for their children, they must carefully check the product information and logos and select qualified products. When encountering product quality problems, you may appeal to the product quality supervision department, the industrial and commercial administrative department and relevant departments, or you may file a lawsuit in the court to require the producer or seller to bear the corresponding civil liability and safeguard their legal rights and interests in accordance with the law.
(Author: Beijing Fangshan District People's Court)
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